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Incorporation Decisions (II) – Where Do We Go From Here?

Shared from Tax Insider: Incorporation Decisions (II) – Where Do We Go From Here?
By Ken Moody CTA, June 2017
Budget 2017 created a stir with the announced increase and then abandonment of the increase in Class 4 National Insurance contributions for the self-employed. Ken Moody looks at the effect of other changes on the decision whether or not to incorporate.

We know that corporation tax is at 19% for the next three tax years, so it should be possible to reach some sort of conclusion as to what the threshold might be for tax-motivated incorporation (if indeed there is one). 

For this purpose, we also need to factor in the effect of the reduction in the ‘dividend allowance’ from £5,000 to £2,000 from 6 April 2019. We don’t know, of course, what the personal allowances or thresholds and rates for income tax and National Insurance contributions (NICs) will be, but these will probably make little odds for comparison purposes. 

The first table shows the tax/NICs payable by a sole trader with a profit of £45,000, partly as this is a convenient figure, as can be seen.

 

Table 1: Sole trader

 

 

 

Income tax

£

£

Profit

45,000

45,000

Personal allowance

11,500

 

 

33,500

 

IT @ 20%

 

(6,700)

 

 

 

Class 4 NIC

 

 

£45,000 – £8,164

36,836

 

NIC @ 9%

 

(3,315)

Retained (‘A’)

 

34,985


The second table illustrates an incorporated business which pays director’s fees of £8,184 in line with the Class 1 NIC earnings threshold and distributes all the remaining profit as dividends. 

 

Table 2: Director Shareholder - basic rate taxpayer

 

 

 

 

2017/18

2018/19

Remuneration

 

Workings

Tax/NICs

Workings

Tax/NICs

Workings

Tax/NICs

 

£

£

£

£

£

£

Company

 

 

 

 

 

 

Profit (‘B’)

45,000

 

 

 

45,000

 

Director’s fees

(8,164)

 

 

 

(41,763)

 

Employer’s NICs1

-

 

 

 

(3,237)

3,237

 

 

 

 

 

 

 

CT profit

36,836

 

 

 

-

 

CT at 19% / 17%

(6,999)

6,999

 

6,999

 

-

Dividend

29,837

 

 

 

 

 

 

 

 

 

 

 

 

Director

 

 

 

 

 

 

Fees

8,164

 

 

 

41,763

 

Dividend

29,837

 

29,837

 

 

 

 

38,001

 

38,001

 

41,763

 

Personal allowance

(11,500)

 

(11,500)

 

(11,500)

 

Dividend allowance

(5,000)

 

(2,000)

 

 

 

Taxable

21,501

 

24,501

 

30,236

Budget 2017 created a stir with the announced increase and then abandonment of the increase in Class 4 National Insurance contributions for the self-employed. Ken Moody looks at the effect of other changes on the decision whether or not to incorporate.

We know that corporation tax is at 19% for the next three tax years, so it should be possible to reach some sort of conclusion as to what the threshold might be for tax-motivated incorporation (if indeed there is one). 

For this purpose, we also need to factor in the effect of the reduction in the ‘dividend allowance’ from £5,000 to £2,000 from 6 April 2019. We don’t know, of course, what the personal allowances or thresholds and rates for income tax and National Insurance contributions (NICs) will be, but these will probably make little odds for comparison purposes. 

The first table shows the tax/NICs payable by a
... Shared from Tax Insider: Incorporation Decisions (II) – Where Do We Go From Here?